Florida Senate - 2017                             CS for SB 1224
       
       
        
       By the Committee on Military and Veterans Affairs, Space, and
       Domestic Security; and Senator Passidomo
       
       
       
       
       583-02711-17                                          20171224c1
    1                        A bill to be entitled                      
    2         An act relating to public records and public meetings;
    3         creating s. 1004.0962, F.S.; defining terms; providing
    4         an exemption from public records requirements for a
    5         public postsecondary educational institution’s campus
    6         emergency response plan when held by specified
    7         custodial agencies; providing for retroactive
    8         application; authorizing disclosure of exempt
    9         information under specified circumstances; providing
   10         an exemption from public meetings requirements for any
   11         portion of a public meeting at which certain
   12         components of a campus emergency response plan are
   13         discussed; providing for future legislative review and
   14         repeal of the exemptions; providing a statement of
   15         public necessity; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 1004.0962, Florida Statutes, is created
   20  to read:
   21         1004.0962 Campus emergency response of a public
   22  postsecondary educational institution; public records exemption;
   23  public meetings exemption.—
   24         (1) As used in this section, the term:
   25         (a) “Campus emergency response” means a public
   26  postsecondary educational institution’s response to an act of
   27  terrorism, as defined in s. 775.30, or other public safety
   28  crisis or emergency.
   29         (b) “Campus emergency response plan” means a plan
   30  addressing a campus emergency response which includes
   31  information relating to:
   32         1. Records, information, photographs, audio and visual
   33  presentations, schematic diagrams, surveys, recommendations, or
   34  consultations or portions thereof;
   35         2. Threat assessments conducted by any agency or private
   36  entity;
   37         3. Threat response plans;
   38         4. Emergency evacuation plans;
   39         5. Sheltering arrangements;
   40         6. Manuals for security personnel, emergency equipment, or
   41  security training;
   42         7. Security systems or plans;
   43         8. Vulnerability analyses;
   44         9. Postdisaster activities, including provisions for
   45  emergency power, communications, food, and water;
   46         10. Postdisaster transportation;
   47         11. Supplies, including drug caches;
   48         12. Staffing;
   49         13. Emergency equipment; or
   50         14. Individual identification of students, faculty, and
   51  staff; the transfer of records; and methods of responding to
   52  family inquiries.
   53         (c) “Custodial agency” includes:
   54         1. A public postsecondary institution;
   55         2. A state or local law enforcement agency;
   56         3. A county or municipal emergency management agency;
   57         4. The Executive Office of the Governor;
   58         5. The Department of Education;
   59         6. The Board of Governors of the State University system;
   60  and
   61         7. The Division of Emergency Management.
   62         (2) Any portion of a campus emergency response plan
   63  addressing the items described in subparagraphs (1)(b)1.-14.
   64  held by a custodial agency is exempt from s. 119.07(1) and s.
   65  24(a), Art. I of the State Constitution.
   66         (3) The public records exemption provided by this section
   67  is remedial in nature, and it is the intent of the Legislature
   68  that the exemption apply to portions of campus emergency
   69  response plans addressing the items described in subparagraphs
   70  (1)(b)1.-14. held by a custodial agency before, on, or after the
   71  effective date of this section.
   72         (4) Information made exempt by this section may be
   73  disclosed:
   74         (a) To another governmental entity if disclosure is
   75  necessary for the receiving entity to perform its duties and
   76  responsibilities; or
   77         (b) Upon showing of good cause before a court of competent
   78  jurisdiction.
   79         (5) Any portion of a public meeting which would reveal
   80  information related to a campus emergency response plan is
   81  exempt from s. 286.011 and s. 24(b), Art. I of the State
   82  Constitution.
   83         (6) This section is subject to the Open Government Sunset
   84  Review Act in accordance with s. 119.15 and shall stand repealed
   85  on October 2, 2022, unless reviewed and saved from repeal
   86  through reenactment by the Legislature.
   87         Section 2. The Legislature finds that it is a public
   88  necessity that those portions of a campus emergency response
   89  plan of a public postsecondary educational institution held by a
   90  custodial agency be exempt from s. 119.07(1), Florida Statutes,
   91  and s. 24(a), Article I of the State Constitution. The
   92  Legislature also finds that it is a public necessity that any
   93  portion of a public meeting which would reveal information
   94  related to a campus emergency response plan be made exempt from
   95  s. 286.011, Florida Statutes, and s. 24(b), Article I of the
   96  State Constitution. A campus emergency response affects the
   97  health and safety of the students, faculty, staff, and the
   98  public at large. If campus emergency response plans were made
   99  publicly available for inspection or copying, they could be used
  100  to hamper or disable a campus emergency response. If a campus
  101  emergency response were hampered or disabled, an increase in the
  102  number of Floridians subjected to fatal injury would occur.
  103  There is ample existing evidence of the capabilities of
  104  terrorists and other criminals to plot, plan, and coordinate
  105  complicated acts of terror and violence on university and
  106  college campuses all over the country. The aftermath of these
  107  events has also shown the importance of viable campus emergency
  108  response plans by which public postsecondary educational
  109  institutions can respond to terrorist attacks and other public
  110  safety crises or emergencies.
  111         Section 3. This act shall take effect July 1, 2017.